Paternity

Denial of paternity in Poland

In Polish law, there is a legal presumption that the mother’s husband is the father of the child – so the husband is always automatically entering into the child’s birth certificate as a father. Unfortunately, such a presumption is not always true. The presumption of paternity can be rebutted. If you have some doubts or find out that you are not the biological father of the child, you are entitled to initiate a legal proceeding before the court to deny your paternity. You must remember to keep the time limits to start denial of paternity proceeding.

Establishing paternity in Poland – methods 

When the child’s mother is not married and there is no legal presumption of paternity, there are two ways to establish paternity:

• paternity recognition,
• establishing paternity by the court.

Paternity recognition in Poland

Recognition of paternity in Poland must be made before the head of the Civil Registry Office. Paternity may be also recognized for a conceived but unborn child (paternity recognition before birth). Important is that the recognition of paternity in Poland cannot take place after the child reaches the age of majority. The child’s mother must confirm in front of the head of the Civil Registry Office that the man is the father of the child.

Establishing paternity by the court in Poland

When there is no agreement between the parents and the paternity has not been recognized before the head of the Civil Registry Office in Poland, the only way is to establish paternity by the court in Poland. It is necessary to initiate the court proceeding by submitting paternity lawsuit in competent Polish court. The case to establish paternity in Poland may end at one court hearing, depending on the parties’ demands and their agreement. It is important to prepare for the paternity case in Poland and to gather the necessary documents and evidence.

Establishing paternity by the court in Poland may be requested by the child, his mother, and the alleged father of the child. According to Family and Guardianship Code there is a presumption that the child’s father is man who has intercourse with the child’s mother not earlier than the 300 and not later than the 181 days before the birth of the child. It is possible to rebut this presumption by showing that another man’s paternity is more likely.

The services of Dudkowiak Family Law Firm related to denial of paternity in Poland include:

• mediation with the other parent of the child,
• assistance in gathering necessary documents and evidence,
• contact with the detective, help with the DNA tests,
• preparation of denial of paternity lawsuit,
• preparation of paternity lawsuit,
• representation before the court in Poland in denial of paternity/establishing of paternity case,
• drawing up an appeal.

Our family lawyers would be happy to help you and guide thorough the court proceeding in Poland so you may stay relaxed and do not worry about the formalities related to the denial of paternity case in Poland.